Digital Economy and Data Protection Newsletter（24.12）

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Recently, in terms of cybersecurity, the National Cybersecurity Standardization Committee has released a standard practice guide related to the cybersecurity assessment of large internet platforms, further clarifying the cybersecurity protection requirements for large internet platforms. In terms of industry promotion, Beijing has released a draft local regulation encouraging the pilot application of autonomous driving technology innovation and strengthening infrastructure and security guarantees; Hainan Province has released a draft local regulation encouraging the development of international data center business in the Hainan Free Trade Port, further facilitating cross-border data flow. In the field of artificial intelligence development and governance, the formulation of national or industry standards for artificial intelligence in China continues, and it is planned to formulate a mandatory national standard around the identification of synthetic content; OpenAI announced the termination of API services in unsupported areas, and domestic large models have announced migration plans one after another. In addition, the EU's law enforcement actions under the DMA are still frequent recently, and Meta has been preliminarily found to have violated relevant regulations.

HOTSPOT

NCCSTC Releases "Cybersecurity Standard Practice Guide - Cybersecurity Assessment Guide for Large Internet Platforms"

On June 28, 2024, the NCCSTC issued the "Cybersecurity Standard Practice Guide - Cybersecurity Assessment Guide for Large Internet Platforms" (hereinafter referred to as the "Guide"), which clearly defines the content, methods, and annual cybersecurity assessment report templates for large internet platforms to carry out cybersecurity assessments. This is to guide large internet platforms in assessing and preventing cybersecurity risks that affect or may affect social stability and public interests, thereby enhancing the security level of the platforms. According to the Guide, a "large internet platform" is defined as a large-scale network platform that uses network technology to connect individuals with individuals, goods, information, services, offline resources, capital, software, etc., and provides services based on this foundation (with a cumulative average monthly active user total of not less than 50 million in the past year in our country). Such platforms should conduct annual cybersecurity assessments and important matter assessments for specific changes.

For more information, please click here.

Source：NCCSTC

Beijing Municipal Economic and Information Bureau Seeks Public Opinions on the "Beijing Municipal Autonomous Driving Vehicle Regulations (Draft for Comments)"

On June 30, 2024, the Beijing Municipal Economic and Information Technology Bureau released the "Beijing Municipal Autonomous Driving Vehicle Regulations (Draft for Comments)" (hereinafter referred to as the "Regulations"), and is openly soliciting opinions from the public, with the deadline for submissions being July 29, 2024. The Regulations consist of six chapters and thirty-eight articles, applicable to the passage, road transportation, and related management activities of autonomous driving vehicles within the administrative region of Beijing, including vehicles with conditional autonomous driving, high-level autonomous driving, and fully autonomous driving capabilities. From the main content, the Regulations on one hand clarify the management mechanisms for the autonomous driving vehicle industry, policies to promote industrial innovation and development, and propose norms for the planning and construction of infrastructure as well as innovation activities. On the other hand, it clearly stipulates a series of safety guarantees.

For more information, please click here.

Source: People's Government of Beijing Municipality （https://www.beijing.gov.cn/hudong/gfxwjzj/zjxx/202406/t20240630_3733376.html）

Hainan Provincial Cyberspace Administration Released the "Hainan Free Trade Port International Data Center Development Regulations (Draft for Public Comments)"

On June 26, 2024, the Hainan Provincial Cyberspace Administration released the "Hainan Free Trade Port International Data Center Development Regulations (Draft for Public Comments)" (hereinafter referred to as the "Development Regulations"), and is openly soliciting opinions from society. According to the Development Regulations, enterprises (including foreign-invested enterprises) within the Hainan Free Trade Port, including their registered locations and service facilities (including leased or purchased facilities), may apply to the provincial-level basic telecommunications operators in Hainan Province. After approval in accordance with the procedures, they can use high-speed and convenient cross-border data dedicated channels to carry out international data center services, including providing cross-border e-commerce, transnational manufacturing, and other international data services to overseas entities.

At the same time, when carrying out international data center services, if the data services such as storage, processing, and trading are only for data collected and generated overseas, and there is no introduction of domestic personal information or important data during the service process, or if data provided overseas does not fall outside the negative list of data export from the Hainan Free Trade Port, they are exempt from declaring data outbound transfer security assessments, entering standard contracts for personal information outbound transfer, and passing personal information protection certification.

Source: Hainan Provincial Cyberspace Administration

EU Commission Preliminary Findings: Meta's "Pay or Consent" Model Violates DMA

Recently, the EU Commission issued preliminary investigation results to Meta, indicating that its "pay or consent" advertising model violates the Digital Markets Act ("DMA"). This model requires users to choose between paying a monthly fee for ad-free services or accepting personalized advertisements but fails to provide equivalent services as stipulated by the DMA. According to the DMA, Meta, as a "gatekeeper" under the DMA, must combine the use of users' personal information with other services only with their consent. If users refuse to consent, they should have the right to enjoy services with a lower degree of personalization but with equivalent functionality. However, the Commission's preliminary findings suggest that the aforementioned model restricts users' rights to choose and does not meet these requirements.

At present, Meta will have the right to exercise the right of defense, and the Commission will complete the investigation within 12 months. If Meta is ultimately confirmed to be in violation, it may face a fine of up to 10% of its global turnover, and if the violation is repeated, the fine can be increased to 20% of the global turnover. The European Commission will also continue to communicate with Meta to seek an effective compliance solution.

Source: EU Commission

（https://ec.europa.eu/commission/presscorner/detail/en/ip_24_3582）

Domestic Large Models Announce Migration Plans After OpenAI Terminates API Services

Recently, OpenAI notified developers using its API services in Mainland of China and other regions, stating that starting from July 9th, it will take additional measures to cease API usage from countries and regions not on OpenAI's list of supported areas. Following the release of this notice, several large model (platform) providers, including Microsoft Azure, Alibaba Cloud, Tencent Cloud, and Baidu's Intelligent Cloud, have expressed that they will offer exclusive migration services for the affected developers.

For more information, please click here.

NEWSLETTER

（Click on the source or copy the corresponding link to view the details）

LEGISLATION

The Ministry of State Security has released an illustrated guide to "Understanding the Procedures for National Security Organs to Handle Criminal Cases"
Source: Ministry of State Security
The Ministry of State Security has released an illustrated guide to "Understanding the Administrative Law Enforcement Procedures of National Security Organs"
Source: Ministry of State Security
The National Data Bureau will release eight institutional documents on data property rights and data circulation this year
Source: People.cn
（http://finance.people.com.cn/n1/2024/0702/c1004-40269220.html）
The Ministry of Natural Resources is openly soliciting opinions on the "Administrative Measures for Physical Geological Data (Draft for Comments)"
Source: Ministry of Natural Resources
（https://gi.mnr.gov.cn/202406/t20240628_2849961.html）
The Ministry of Civil Affairs is openly soliciting opinions on the "Management Measures for Personal Assistance Online Service Platforms (Draft for Comments)"
Source: Ministry of Civil Affairs
（https://www.mca.gov.cn/aofront/publishopinion.jsp?themeId=1803591838557384705）
The Supreme People's Court has issued the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Monopoly Civil Dispute Cases" and recent typical monopoly cases of the people's courts
Source: The Supreme People's Court
（https://www.court.gov.cn/zixun/xiangqing/435821.html）
The MIIT and three other departments have jointly issued the "National Artificial Intelligence Industry Comprehensive Standardization System Construction Guide (2024 Edition)"
Source: MIIT
The NCCSTC has released the "Cybersecurity Standard Practice Guide - Cybersecurity Assessment Guide for Large Internet Platforms"
Source: NCCSTC
The Beijing Municipal Economic and Information Bureau is openly soliciting opinions on the "Beijing Municipal Autonomous Driving Vehicle Regulations (Draft for Comments)"
Source: Beijing Municipal Economic and Information Bureau
（https://www.beijing.gov.cn/hudong/gfxwjzj/zjxx/202406/t20240630_3733376.html）
The Hainan Provincial Cyberspace Administration is openly soliciting opinions on the "Hainan Free Trade Port International Data Center Development Regulations (Draft for Public Comments)"
Source: Hainan Provincial Cyberspace Administration
The Hubei Provincial Communications Administration has issued the "Implementation Details of the Public Internet Network and Data Security Risk Monitoring and Disposal Measures"
Source: Hubei Provincial Communications Administration
China has taken the lead in proposing the international standard "Network Security - IoT Security and Privacy - Home IoT Guide," which has been released.
Source: NCCSTC
The National Standards Committee has issued 32 mandatory national standard revision plans and related standard foreign language version plans, including "Cybersecurity Technology - Artificial Intelligence Generated Synthetic Content Identification Method"
Source: National Standards Committee
（https://www.sac.gov.cn/xw/tzgg/art/2024/art_90ec49a67af64b758d09850d80933bc5.html）
The MIIT is publicly soliciting opinions on 12 industry standard plan items such as "Artificial Intelligence - Large Model Training Data Processing Process and Quality Evaluation Model"
Source: MIIT
（https://www.miit.gov.cn/gzcy/yjzj/art/2024/art_3248109ea5854d9394a73056c78bea5c.html）
The MIIT is publicly soliciting opinions on the 12 mandatory national standard revision plan items such as "Technical Requirements for the Application of Automotive Cryptography"
Source: MIIT
（https://wap.miit.gov.cn/gzcy/yjzj/art/2024/art_7f6a301561c149b9954085a4c6648cab.html）
The "Digital Supply Chain Maturity Model" and two other recommended national standards in the electronics industry are being reported for approval and publicized
Source: MIIT
（https://wap.miit.gov.cn/zwgk/wjgs/art/2024/art_f7f55ced3c18464da8865e056b27d686.html）

INDUSTRY TRENDS

China and Germany have signed a Memorandum of Understanding on Cooperation for Cross-Border Data Flow
Source: CAC
The CAC convenes a national key commercial website platform management work conference
Source: CAC
The MIIT and other five departments release a notice on the list of pilot cities for the "vehicle-road-cloud integration" application of intelligent connected vehicles
Source: MIIT
（https://www.miit.gov.cn/zwgk/zcwj/wjfb/tz/art/2024/art_7b42963f0fde4af496dfcc9c224be54c.html）
The National Data Bureau releases the "Digital China Development Report (2023)"
Source: National Data Bureau
The 2024 World Artificial Intelligence Conference and the High-Level Meeting on Artificial Intelligence Global Governance release the "Shanghai Declaration on Artificial Intelligence Global Governance"
Source: China Government Network
The Shanghai Communications Administration issues a notice on carrying out the network and data security inspection of the telecommunications and internet industry in Shanghai for the year 2024
Source: Shanghai Communications Administration
The Zhejiang Communications Administration issues a notice on carrying out the network and data security inspection of the telecommunications and internet industry for the year 2024
Source: Zhejiang Communications Administration
The Anhui Communications Administration issues a notice on carrying out the "Jianghuai Escort" special action for network and data security in the telecommunications and internet industry for the year 2024
Source: Anhui Communications Administration
（https://ahca.miit.gov.cn/xwdt/gzdt/art/2024/art_5491f211e2404b5890b022d83151c1a2.html）
The MIIT reports the 5th batch of APPs/SDKs infringing on user rights for the year 2024The Beijing Communications Administration reports the 6th batch of problematic APPs for the year 2024
Source: MIIT
（https://wap.miit.gov.cn/xwdt/gxdt/sjdt/art/2024/art_a2144005b9b741d398795aa1fb8c61a8.html）
The Beijing Communications Administration reports the 6th batch of problematic APPs for the year 2024
Source: Beijing Communications Administration
The Guangdong Communications Administration reports 19 APPs that have not completed rectification as required
Source: Guangdong Communications Administration
The Zhejiang Communications Administration reports the 5th batch of 11 APPs infringing on user rights for the year 2024
Source: Zhejiang Communications Administration
The Shandong Communications Administration reports the 6th batch of APPs infringing on user rights for the year 2024
Source: Shandong Communications Administration
The Qinghai Communications Administration reports 6 APPs that have not completed rectification as required
Source: Qinghai Communications Administration
The Sichuan and Chongqing Communications Administrations report the 6th batch of APPs infringing on user rights
Source: Sichuan Communications Administrations
The Hubei Communications Administration reports the removal of 7 APPs infringing on user rights
Source: Hubei Communications Administration
The Hunan Cyberspace Administration Office reports 4 APPs that have illegally collected and used personal information
Source: Hunan Cyberspace Administration
The Shanghai Communications Administration releases the permit situation of value-added telecommunications services in Shanghai (May 2024)
Source: Shanghai Communications Administration
The Shanghai Cyberspace Administration Office releases the registration information announcement for generative AI services in Shanghai (June 26)
Source: Shanghai Cyberspace Administration
Following OpenAI's announcement to terminate API services, domestic large models have successively announced migration plans
Source: China Economic Net
The Shanghai Cyberspace Administration Office releases "Analysis of Cases of Illegal and Unregulated Collection and Use of Personal Information in Coffee Consumption Scenarios" (Part II)
Source: Shanghai Cyberspace Administration
The Shanghai Cyberspace Administration Office releases "Analysis of Cases of Illegal and Unregulated Collection and Use of Personal Information in Coffee Consumption Scenarios" (Part I)
Source: Shanghai Cyberspace Administration
Profiting from scraping and using navigation electronic map data, the court's first-instance judgment constitutes unfair competition and compensates 12.5 million
Source: Chaoyang Court
The Beijing Internet Court holds a public hearing on the first case in China involving copyright infringement in the training of AI painting large models
Source: Beijing Internet Court
The Jiangjin District Cyberspace Administration Office of Chongqing carries out law enforcement talks with a state-owned enterprise under the district according to law
Source: Chongqing Cyberspace Administration

OVERSEAS

International

The OECD publishes a report on the digital safety design for children
Source: OECD
(https://www.oecd-ilibrary.org/science-and-technology/towards-digital-safety-by-design-for-children_c167b650-en)
The EU-Japan data transfer agreement enters into force on July 1st and is incorporated into the Economic Cooperation Agreement
Source: EU Commission
（https://digital-strategy.ec.europa.eu/en/news/eu-japan-deal-data-flows-enters-force）

The European Commission preliminarily finds that Meta's "pay or consent" model violates the DMA
Source: EU Commission
（https://ec.europa.eu/commission/presscorner/detail/en/ip_24_3582）
The EDPB releases the final version of the "Enforcement Directive Guidelines."
Source: EDPB
（https://www.edpb.europa.eu/our-work-tools/our-documents/guidelines/guidelines-012023-article-37-law-enforcement-directive_en）
The EDPB SPE (Support Pool of Experts) project publishes multiple plan-related documents
Source: EDPB
（https://www.edpb.europa.eu/our-work-tools/our-documents/publication-type/support-pool-experts-projects_en）
The EU will take further measures against Apple to ensure the App Store and iOS comply with the Digital Markets Act
Source: IThome
（https://www.ithome.com/0/777/311.htm）
France: The CNIL releases a Q&A on privacy and freedom related to the 2024 Olympics
Source: CNIL
（https://www.cnil.fr/fr/jop-2024-les-questions-reponses-de-la-cnil）
Germany: The Federal Court of Germany issues a ruling on health data processing in accordance with the GDPR
Source: bundesarbeitsgericht
（https://www.bundesarbeitsgericht.de/presse/verarbeitung-von-gesundheitsdaten-im-arbeitsverhaeltnis-medizinischer-dienst-schadenersatz/）

The National Advertising Initiative (NAI) suggests amendments to the American Privacy Rights Act (APRA)
Source: NAI
（https://thenai.org/nai-sends-letter-to-house-ec-committee-opposing-apra-recommending-further-amendments/）
California: The CPPA releases a statement opposing the APRA
Source: CPPA
（https://cppa.ca.gov/announcements/2024/20240626.html）
New York State: The Children's Data Protection Law is passed
Source: New York State
（https://www.governor.ny.gov/news/video-audio-photos-rush-transcript-governor-hochul-joins-attorney-general-james-and-bill）
Rhode Island: The Data Transparency and Privacy Protection Act is published
Source: Rhode Island
（https://status.rilegislature.gov/bill_history_report.aspx?year=2024&bills=7787）
Florida: The Digital Rights Act comes into effect
Source: Florida
（https://flsenate.gov/Session/Bill/2023/262/BillText/er/PDF）
Oregon: The Consumer Privacy Act comes into effect
Source: Oregon
（https://www.dataguidance.com/sites/default/files/oregon-2023-sb619-enrolled.pdf）
Texas: The Data Privacy and Security Act comes into effect

Source: Texas
（https://capitol.texas.gov/tlodocs/88R/billtext/pdf/HB00004F.pdf#navpanes=0）
Texas: The Attorney General investigates the collection and sale of driver data by car manufacturers
Source: Attorney General
（https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-opens-investigation-car-manufacturers-collection-and-sale-drivers-data）
An American company pays over fifty million in settlement for illegally obtaining photos to develop facial recognition software
Source: Privacy Guard

Denmark

Datatilsynet publishes GDPR guidelines for small associations.
Source: Datatilsynet
（https://www.datatilsynet.dk/presse-og-nyheder/nyhedsarkiv/2024/jun/gdpr-univers-for-smaa-foreninger）
Datatilsynet releases guidelines for children and online gaming
Source: Datatilsynet
（https://www.datatilsynet.dk/presse-og-nyheder/nyhedsarkiv/2024/jun/boern-og-gaming-en-styrket-databeskyttelse）

Switzerland: The Federal Data Protection and Information Commissioner (FDPIC) releases the annual report for 2023-2024
Source: FDPIC
（https://www.edoeb.admin.ch/edoeb/en/home/kurzmeldungen/nsb_mm.msg-id-101554.html）
Russia: A bill on the risks and responsibilities of AI technology use passes the second reading in the State Duma
Source: Russian National Center of Artificial Intelligence Development（https://ai.gov.ru/mediacenter/gosduma-prinyala-vo-ii-chtenii-zakonoproekt-o-strakhovanii-riskov-ot-primeneniya-tekhnologiy-ii/）
Qatar: The National Cybersecurity Authority (NCSA) releases guidelines on artificial intelligence
Source: NCSA
（https://assurance.ncsa.gov.qa/sites/default/files/publications/policy/2024/CSSP_Guidelines_for_Secure_Usage_and_Adoption_of_Artificial_intelligence-Eng-v1.0_2.pdf?csrt=1485093683095070046）
Brazil

ANPD makes a decision to temporarily prohibit Meta from using its users' personal data for AI training
Source: ANPD
（https://www.gov.br/anpd/pt-br/assuntos/noticias/anpd-determina-suspensao-cautelar-do-tratamento-de-dados-pessoais-para-treinamento-da-ia-da-meta）
ANPD publishes research on biometric data and facial recognition
Source: ANPD
（https://www.gov.br/anpd/pt-br/documentos-e-publicacoes/radar-tecnologico-biometria-anpd-1.pdf）

9. Hong Kong

Hong Kong initiates legislation for the "Critical Infrastructure (Computer Systems) Ordinance Bill."
Source: Security Bureau of the Government of the Hong Kong Special Administration Region
（https://www.sb.gov.hk/sc/CI/consultation.html）
The PCPD expresses support for a judgment that direct marketing violates the PDPO
Source: PCPD
（https://www.pcpd.org.hk/english/news_events/media_statements/press_20240702.html）

10. Taiwan: The Financial Supervisory Commission releases "Guidelines for the Use of Artificial Intelligence in the Financial Industry."

Source: FSC

（https://www.fsc.gov.tw/ch/home.jsp?id=96&parentpath=0,2&mcustomize=news_view.jsp&dataserno=202406200001&dtable=News）

11. South Korea: The PIPC announces the launch of a plan for the secure and anonymized use of medical data in international medical research cooperation

Source: PIPC

（https://www.pipc.go.kr/np/cop/bbs/selectBoardArticle.do?bbsId=BS074&mCode=C020010000&nttId=10297）

Note

本文由AIGC翻译，仅供参考。

Translated by AIGC service. For reference only.

本期编辑：陈瑊陈煜烺林婉琪陈瑞庭